At its sitting on November 27, 2025, the Constitutional Court ruled on Constitutional Case No. 7/2025, reported by Judge Atanas Semov.
The Court rejected the request of the Administrative Court – Sofia City, 20th Cassation Panel, to establish the unconstitutionality of Article 79b, paragraph 2 of the Law on Administrative Offenses and Penalties (LAOP).
The contested provision of Article 79b, paragraph 2 of the LAOP provides that " [in] the cases referred to in paragraph 1, the penalty order shall enter into force in respect of the fine imposed from the date of payment. If the offender has appealed against the penalty order and has paid the fine within the time limit referred to in paragraph 1, the proceedings for examining the appeal in this part shall be terminated on the basis of Article 63d" . The provision of paragraph 1 of Article 79b of the LAOP, to which the provision of paragraph 2 refers, provides that "if the offender does not wish to appeal the penalty order in the part concerning the imposed fine, he/she may pay 80% of its amount within 14 days of the receipt of the penalty order, unless a special law provides for a reduced amount of the fine."
The contested provision may be applied only if the cumulative conditions set out in paragraph 1 are met: the offender's "unwillingness" to appeal the penalty order in respect of the fine imposed, manifested precisely by his payment (or on his behalf or with his proven consent) of 80% of the fine imposed on him and by making this payment within 14 days of the receipt of the penalty order (which is also the deadline for appeal). If any of these cumulative conditions are not met, the provision of paragraph 2 cannot have legal consequences. Therefore, considerations regarding the restriction of the offender's rights in cases where the payment has been made by a person other than the offender without his or her consent are irrelevant and do not preclude the offender from seeking judicial protection.
The contested provision regulates only a legal possibility that depends entirely on the appreciation of the person referred to in the penalty order as the person who committed the infringement. This appreciation may be formed within a reasonable period of time (14 days, which is the period for appeal) and freely, including after legal consultation, if the person considers it necessary.
The decision was adopted with 9 votes in favor and a dissenting opinion by Judges Galina Toneva and Orlin Kolev.
Eleven constitutional judges participated in the sitting.
The full text of the Decision – https://www.constcourt.bg/bg/act-10203